Indiana Probation Violation Consequences
Violating probation is a serious action that should never be taken lightly. Fortunately, an experienced probation violation attorney in Indiana can help you avoid harsh penalties and get your life back on track. If you need an Indiana probation violation attorney, call the Law Office of B.D. Williams now at (317) 500-4857.
A probation violation occurs when an offender who is on probation does something that breaks the terms or conditions of the probation. In Indiana, probation is taken very seriously and, when that probation is violated, it can result in significant penalties, including:
- Paying fines
- Receiving extended probation
- Serving jail time
- Serving all of your backup time
To try to reduce these penalties, contact our Indiana probation violation lawyer.
What Is Probation?
Probation is a sentence imposed by the court as a jail or prison alternative. As part of a probation sentence, an offender is released either to a home, an approved residence, a halfway house or a residential treatment facility. As a condition of release, the offender agrees to abide by certain rules and follow specific guidelines. These guidelines are traditionally referred to as the “conditions of probation.”
Based on the conviction or plea agreement, the terms of probation can vary greatly. The most common conditions of probation are:
- Reporting monthly to a probation officer
- Adhering to curfew
- Paying court costs and restitution
- Completing drug treatment
- Attending mental health counseling
- Performing community service
- Refraining from associating with any convicted felons
- Refraining from committing any new crimes
- Reporting any interaction with law enforcement
- Refraining from changing your residence or leaving the county without written permission from your probation officer
Fortunately, when you are sentenced to probation, you are allowed to continue to live in the community as long as you follow the conditions and requirements of your probation. You will be closely supervised by a probation officer, who will be tasked to make sure you follow the conditions of your probation. It’s best that during your period of probation, you follow every stipulation as well as keep open communication with your probation officer.
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What Is Probation Violation?
“Probation violation” refers to the act of knowingly and willfully breaking the terms of your probation agreement. Probation may be violated in several different ways, depending on the terms of your probation.
Some common probation violations include the following:
- Failing to appear at a scheduled court proceeding
- Failing to report to your designated probation officer at the scheduled time and place
- Failing to pay restitutions or fines that were ordered by the court
- Being in possession of, or using, or selling illegal drugs
- Committing another crime while on probation
- Getting arrested, even if there were no criminal charges
- Violating restraining orders
- Leaving the state or traveling outside the designated probation area without permission
- Being too close in proximity to protected individuals or places that are specifically designated in your probation agreement
How Many Times Can You Violate Probation?
There is no set number of times that you can get away with violating your probation. In most cases, it will be up to the discretion of your probation officer whether they report the violation to the judge. If the violation was minor and it was your first violation, then they may not report it to the judge and you may get off with just a warning. However, if you continue to violate your probation or if you violate it in a serious manner, you may have your probation revoked altogether.
What Happens If You Violate Probation?
Violation of your probation agreement may not automatically result in jail time. Sometimes, you may be assigned a different consequence, depending on the nature of your violation. If you violate your probation and your probation officer decides to report the violation to the judge, then you will have to appear in court for a probation hearing. If you are found guilty of the violation, then you will be sentenced.
Some common Indiana probation violation consequences include:
- Revoked probation
- More jail time or a return to prison
- Longer probation period
- Increased penalty for the original offense
- Revoked bond for future arrests
- Ankle monitor requirement
- More frequent testing for drug and alcohol abuse
- Additional required counseling or rehabilitation classes
Can A Probation Violation Be Dismissed?
The best way to beat a probation violation or get your violation dismissed is to hire our Indianapolis criminal defense attorney to represent you in your probation hearing. He can fight on your behalf if you unintentionally or unknowingly violated your probation agreement. By Indiana law, the prosecution must be able to prove that you violated your probation “by a preponderance of the evidence.”
How To Clear A Probation Violation Warrant
A probation violation warrant is a warrant for your arrest that can be issued when either you violate your probation or the judge believes there is a risk that you could flee the state. The best way to clear a probation violation warrant is to turn yourself in and receive a scheduled court date for your hearing. Once your hearing is held and the issue is resolved, your warrant will be cleared. In some cases, if the violation was minor, then the judge may also allow you to get out on bail until your hearing.
Reach Out To Us
If you are facing charges for violating your probation, you need the help of a skilled probation violation lawyer in Indiana. Call attorney Brian Williams today at (317) 500-4857 for a free initial consultation.